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Case TitleLAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW et al v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00645
Date Filed2018-03-21
Date Closed2023-05-15
JudgeJudge Emmet G. Sullivan
PlaintiffLAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW
PlaintiffNATIONAL WOMEN'S LAW CENTER
Case DescriptionThe Lawyers Committee for Civil Rights Under Law and the National Women's Law Center submitted FOIA requests to OMB for records concerning the agency's decision to evoke its approval of the revised EEO-1 form. The two organizations also requested fee waivers. OMB acknowledged receipt of their requests and indicated that some records had been compiled in response to their requests. However, after hearing nothing further about the requests, the Lawyers Committee and NWLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [32]
FOIA Project Annotation: Judge Emmet Sullivan has ruled that a suit brought by the Lawyers' Committee for Civil Rights and the National Women's Law Center against OMB for records concerning the agency's decision to halt an initiative previously approved by OMB in the Obama administration for the collection of pay data from employers by the Equal Employment Opportunity Commission should be held in abeyance until OMB provides a supplemental affidavit to justify its foreseeable harm claims under Exemption 5 (deliberative process privilege). Sullivan noted that "neither party has briefed the Court on Whether [OMB's] affidavit together with the Vaughn index satisfies OMB's burden to meet the foreseeable harm standard."
Issues: Litigation - Vaughn index
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-211COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-5382875) filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons)(Martin, Emily) (Entered: 03/21/2018)
2018-03-212MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Goldberger, :Firm- Dorsey & Whitney LLP, :Address- 51 West 52nd Street, New York, NY 10019-6119. Phone No. - 212.415.9200. Fax No. - 212.953.7201 Filing fee $ 100, receipt number 0090-5383077. Fee Status: Fee Paid. by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Declaration In Support, # 2 Text of Proposed Order)(Martin, Emily) (Entered: 03/21/2018)
2018-03-213MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Colin Wicker, :Firm- Dorsey & Whitney LLP, :Address- 50 South Sixth Street, Suite 1500, Minneapolis, MN 55402. Phone No. - 612.492.6687. Fax No. - 612.340-2868 Filing fee $ 100, receipt number 0090-5383100. Fee Status: Fee Paid. by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Martin, Emily) (Entered: 03/21/2018)
2018-03-214MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samuel Bolstad, :Firm- Dorsey & Whitney LLP, :Address- 50 South Sixth Street, Suite 1500, Minneapolis, MN 54402. Phone No. - 612.492.6531. Fax No. - 612.340.2868 Filing fee $ 100, receipt number 0090-5383127. Fee Status: Fee Paid. by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER (Attachments: # 1 Declaration In Support of, # 2 Text of Proposed Order)(Martin, Emily) (Entered: 03/21/2018)
2018-03-21Case Assigned to Judge Emmet G. Sullivan. (jd) (Entered: 03/26/2018)
2018-03-265SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(jd) (Entered: 03/26/2018)
2018-03-27MINUTE ORDER granting 2 , 3 , 4 motions for leave to appear pro hac vice. Daniel Goldberger, Colin Wicker, and Sam Bolstad are hereby admitted pro hac vice to this action. Signed by Judge Emmet G. Sullivan on March 27, 2018. (lcegs2) (Entered: 03/27/2018)
2018-03-296STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 03/29/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 03/29/2018)
2018-03-297NOTICE of Appearance by Maya Raghu on behalf of LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER (Raghu, Maya) (Entered: 03/29/2018)
2018-04-058NOTICE of Appearance by Jon M. Greenbaum on behalf of LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Greenbaum, Jon) (Entered: 04/05/2018)
2018-04-249NOTICE of Appearance by Claire M. Whitaker on behalf of OFFICE OF MANAGEMENT AND BUDGET (Whitaker, Claire) (Entered: 04/24/2018)
2018-04-2510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2018. (Attachments: # 1 Exhibit A)(Bolstad, Sam) (Entered: 04/25/2018)
2018-04-2511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/02/2018. (Attachments: # 1 Exhibit A)(Bolstad, Sam) (Entered: 04/25/2018)
2018-04-2512RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 4/2/2018 (Attachments: # 1 Exhibit A)(Bolstad, Sam) (Entered: 04/25/2018)
2018-05-0213ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Whitaker, Claire) (Entered: 05/02/2018)
2018-05-03MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than May 28, 2018. The parties' joint proposed scheduling order shall address the following: (1) the status of plaintiff's FOIA requests; (2) the anticipated number of documents responsive to plaintiff's FOIA requests; (3) the anticipated date(s) for release of documents responsive to plaintiff's FOIA requests; (4) whether a motion for an Open America stay is likely in this case; (5) whether a Vaughn index will be required in this case; (6) whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) a proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on May 3, 2018. (lcegs2) (Entered: 05/03/2018)
2018-05-04Set/Reset Deadlines: Joint Scheduling Order due by 5/28/2018. (mac) (Entered: 05/04/2018)
2018-05-2914Consent MOTION for Extension of Time to File the Parties' Joint Status Report by OFFICE OF MANAGEMENT AND BUDGET (Haynes, Fred) (Entered: 05/29/2018)
2018-06-11MINUTE ORDER granting 14 the parties' joint request for an extension of time. The parties are directed to file their status report by no later than June 12, 2018. Signed by Judge Emmet G. Sullivan on June 11, 2018. (lcegs2) (Entered: 06/11/2018)
2018-06-12Set/Reset Deadlines: Status Report due by 6/12/2018. (mac) (Entered: 06/12/2018)
2018-06-1215Joint STATUS REPORT and Proposed Schedule by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER. (Bolstad, Sam) (Entered: 06/12/2018)
2018-06-1216NOTICE of Appearance by Daniel Patrick Schaefer on behalf of OFFICE OF MANAGEMENT AND BUDGET (Schaefer, Daniel) (Entered: 06/12/2018)
2018-06-15MINUTE ORDER. In view of the parties' joint status report, the parties are directed to meet and confer regarding defendant's searches, including search terms, custodians, and the offices that will be searched, by no later than June 22, 2018. The parties are also directed to submit a status report with a recommendation for further proceedings by no later than July 3, 2018. Signed by Judge Emmet G. Sullivan on June 15, 2018. (lcegs2) (Entered: 06/15/2018)
2018-06-15Set/Reset Deadlines: Status Report due by 7/3/2018 (mac) (Entered: 06/15/2018)
2018-07-0317Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/03/2018)
2018-07-06MINUTE ORDER. In view of 17 the parties' joint status report, the parties are directed to submit a further status with a recommendation for further proceedings by no later than August 22, 2018. Signed by Judge Emmet G. Sullivan on July 6, 2018. (lcegs2) (Entered: 07/06/2018)
2018-07-07Set/Reset Deadlines/Hearings: Status Report due by 8/22/2018. (zcdw) (Entered: 07/07/2018)
2018-08-2218Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/22/2018)
2018-08-23MINUTE ORDER. In view of 18 the parties' joint status report, the parties are directed to submit a further status report with a recommendation for further proceedings by no later than November 5, 2018. Signed by Judge Emmet G. Sullivan on 8/23/2018. (lcegs2) (Entered: 08/23/2018)
2018-08-23Set/Reset Deadlines: Further Status Report due by 11/5/2018. (mac) (Entered: 08/23/2018)
2018-11-0519Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 11/05/2018)
2018-11-05MINUTE ORDER. In light of 19 the parties' joint status report, the parties are directed to file a further joint status report by no later than December 12, 2018. Signed by Judge Emmet G. Sullivan on 11/5/2018. (lcegs2) (Entered: 11/05/2018)
2018-11-06Set/Reset Deadlines: Joint Status Report due by 12/12/2018. (mac) (Entered: 11/06/2018)
2018-12-1220Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/12/2018)
2019-02-0121Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 02/01/2019)
2019-02-01MINUTE ORDER. In light of 21 the parties' joint status report, the parties are directed to file a further joint status report with a recommendation for further proceedings by no later than March 1, 2019. Signed by Judge Emmet G. Sullivan on 2/1/2019. (lcegs2) (Entered: 02/01/2019)
2019-02-04Set/Reset Deadlines: Joint Status Report due by 3/1/2019 (mac) (Entered: 02/04/2019)
2019-03-0122Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/01/2019)
2019-03-27MINUTE ORDER. In light of 22 the parties' joint status report, the parties are directed to file a further joint status report with a recommendation for further proceedings by no later than April 12, 2019. Signed by Judge Emmet G. Sullivan on 3/27/2019. (lcegs2) (Entered: 03/27/2019)
2019-03-27Set/Reset Deadlines: Joint Status Report due by 4/12/2019. (mac) (Entered: 03/27/2019)
2019-04-1223Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/12/2019)
2019-04-30MINUTE ORDER. In light of 23 the parties' joint status report, the parties are directed to file a further joint status report by no later than June 7, 2019. Signed by Judge Emmet G. Sullivan on 4/30/2019. (lcegs2) (Entered: 04/30/2019)
2019-05-01Set/Reset Deadlines: Joint Status Report due by 6/7/2019. (mac) (Entered: 05/01/2019)
2019-06-0724Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/07/2019)
2019-06-07MINUTE ORDER. In light of 24 the parties' joint status report, the parties are directed to submit another joint status report by no later than July 8, 2019. Signed by Judge Emmet G. Sullivan on 6/7/2019. (lcegs2) (Entered: 06/07/2019)
2019-06-10Set/Reset Deadlines: Joint Status Report due by 7/8/2019. (mac) (Entered: 06/10/2019)
2019-07-0825Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/08/2019)
2019-07-10MINUTE ORDER. In light of 25 the parties' joint status report and proposed schedule, the following schedule shall govern these proceedings. Defendant shall file its motion for summary judgment by no later than September 18, 2019. Plaintiffs shall file their opposition by no later than October 18, 2019. Defendant shall file its reply in support of its motion by no later than October 30, 2019. Signed by Judge Emmet G. Sullivan on 7/10/2019. (lcegs2) (Entered: 07/10/2019)
2019-07-10Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 9/18/2019. Plaintiff Opposition due by 10/18/2019. Defendant Reply In Support Of Its Motion due by 10/30/2019. (mac) (Entered: 07/10/2019)
2019-09-1826MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/18/2019)
2019-10-1027Consent MOTION for Extension of Time to Summary Judgment Briefing Schedule by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/10/2019)
2019-10-10MINUTE ORDER granting 27 motion for extension of time. Plaintiff shall file an opposition to defendants motion for summary judgment by no later than October 25, 2019. Defendant shall file its reply by no later than November 8, 2019. Signed by Judge Emmet G. Sullivan on 10/10/2019. (lcegs2) (Entered: 10/10/2019)
2019-10-11Set/Reset Deadlines: Plaintiff Opposition To Defendants Motion For Summary Judgment due by 10/25/2019. Defendant Reply due by 11/8/2019. (mac) (Entered: 10/11/2019)
2019-10-2528ENTERED IN ERROR.....Memorandum in opposition to re 26 MOTION for Summary Judgment filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER. (Bolstad, Sam) Modified on 10/28/2019 (zjf). (Entered: 10/25/2019)
2019-10-2529Memorandum in opposition to re 26 MOTION for Summary Judgment filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER. (Attachments: # 1 Statement of Facts Plaintiffs' Counter Statement, # 2 Declaration, # 3 Exhibit, # 4 Text of Proposed Order)(Bolstad, Sam) (Entered: 10/25/2019)
2019-10-28NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 28 Memorandum in Opposition was entered in error and refiled by counsel. (See Docket Entry 29 to view document) (jf) (Entered: 10/28/2019)
2019-11-0830REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Exhibit 1)(Schaefer, Daniel) (Entered: 11/08/2019)
2020-11-2431ORDER denying in part 26 Motion for Summary Judgment and holding in abeyance in part 26 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 11/24/2020. (lcegs1) (Entered: 11/24/2020)
2020-11-2432MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 11/24/2020. (lcegs1) (Entered: 11/24/2020)
2020-11-25Set/Reset Deadlines: Meet & Confer due by 12/18/2020. (mac) (Entered: 11/25/2020)
2020-12-1833PROPOSED BRIEFING SCHEDULE by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/18/2020)
2020-12-1834Unopposed MOTION Renew Motion for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/18/2020)
2020-12-30MINUTE ORDER granting in part and denying in part 34 Unopposed Motion to Renew Summary Judgment Motion. Defendant shall file a supplemental brief addressing the foreseeable harm standard, along with any supplemental evidence Defendant may wish to provide, by no later than January 27, 2021. Plaintiff shall file a response by no later than February 17, 2021. Defendant shall file a reply, if any, by no later than March 3, 2021. Because the Court denied in part 26 motion for Summary Judgment and held in abeyance in part 26 motion for Summary Judgment as to whether Defendant released all reasonably segregable material, it is not necessary for 26 Motion for Summary Judgment to be renewed. Signed by Judge Emmet G. Sullivan on 12/30/2020. (lcegs2) (Entered: 12/30/2020)
2021-01-04Set/Reset Deadlines: Defendant Supplemental Brief due by 1/27/2021. Plaintiff Response due by 2/17/2021. Defendant Reply due by 3/3/2021. (mac) (Entered: 01/04/2021)
2021-01-2235Consent MOTION for Extension of Time to File Supplemental Brief by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/22/2021)
2021-02-1736SUPPLEMENTAL MEMORANDUM to re 26 MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Exhibit 1 - Third Walsh Declaration)(Schaefer, Daniel) (Entered: 02/17/2021)
2021-03-03MINUTE ORDER granting, nunc pro tunc, 35 consent motion for extension of time. Signed by Judge Emmet G. Sullivan on 3/3/2021. (lcegs1) (Entered: 03/03/2021)
2021-03-04Set/Reset Deadlines: Defendant Supplemental Brief due by 2/17/2021. Plaintiff Response due by 3/10/2021. Defendant Reply due by 3/24/2021. (mac) (Entered: 03/04/2021)
2021-03-1037SUPPLEMENTAL MEMORANDUM to filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER. (Wicker, Colin) (Entered: 03/10/2021)
2021-03-2438REPLY re 36 Supplemental Memorandum filed by OFFICE OF MANAGEMENT AND BUDGET. (Schaefer, Daniel) (Entered: 03/24/2021)
2021-07-0739NOTICE OF WITHDRAWAL OF APPEARANCE as to LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, NATIONAL WOMEN'S LAW CENTER. Attorney Maya Raghu terminated. (Raghu, Maya) (Entered: 07/07/2021)
2022-11-1740NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Daniel Schaefer (Silverman, Bradley) (Entered: 11/17/2022)
2023-05-1241MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 05/12/2023. (lcegs2) (Entered: 05/12/2023)
2023-05-1242ORDER. Signed by Judge Emmet G. Sullivan on 05/12/2023. (lcegs2) (Entered: 05/12/2023)
2023-05-15MINUTE ORDER directing the parties to file a Joint Status Report by no later than May 19, 2023 informing the Court whether there are any objections to the entry of final judgment in this case. Signed by Judge Emmet G. Sullivan on 5/15/2023. (lcegs1) (Entered: 05/15/2023)
2023-05-15Set/Reset Deadlines: Joint Status Report due by 5/19/2023 (mac) (Entered: 05/15/2023)
2023-05-1843Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Silverman, Bradley) (Entered: 05/18/2023)
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